Arizona Laws 28-4411. Damage to new motor vehicles; disclosure; definition
A. Except as provided in subsection B:
Terms Used In Arizona Laws 28-4411
- Contract: A legal written agreement that becomes binding when signed.
- Dealer: means a person who is engaged in the business of buying, selling or exchanging motor vehicles, trailers or semitrailers and who has an established place of business and has paid fees pursuant to section 28-4302. See Arizona Laws 28-101
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Manufacturer: means any person who either:
(a) Manufactures or assembles new motor vehicles. See Arizona Laws 28-4301
- Motor vehicle: means an automobile, motor bus, motorcycle, truck or truck tractor or any other self-propelled vehicle, trailer or semitrailer. See Arizona Laws 28-4301
- Motor vehicle dealer: means a new motor vehicle dealer, a used motor vehicle dealer, a public consignment auction dealer, a broker or a wholesale motor vehicle auction dealer, excluding a person who comes into possession of a motor vehicle as an incident to the person's regular business and who sells, auctions or exchanges the motor vehicle. See Arizona Laws 28-4301
- New motor vehicle: means a motor vehicle, other than a used motor vehicle, that is held either for:
(a) Sale by the franchisee who first acquired the vehicle from the manufacturer or distributor of the vehicle. See Arizona Laws 28-4301
- New motor vehicle dealer: means a person who buys, sells, exchanges or offers or attempts to negotiate a sale or exchange of an interest in, or who is engaged in the business of selling, new motor vehicles or used motor vehicles taken in trade on new motor vehicles or used vehicles purchased for resale. See Arizona Laws 28-4301
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Writing: includes printing. See Arizona Laws 1-215
1. A manufacturer shall disclose in writing to a new motor vehicle dealer damage to a new motor vehicle delivered to the dealer if the damage is known to the manufacturer and repaired, the damage occurred after the manufacturing process is complete but before delivery to the dealer and the damage exceeds three per cent of the manufacturer’s suggested retail price as calculated at the rate of the dealer’s authorized warranty rate for labor and parts.
2. A new motor vehicle dealer shall disclose in writing to a purchaser of the new motor vehicle before entering into a sales contract that the new motor vehicle has been damaged and repaired if the damage to the new motor vehicle exceeds three per cent of the manufacturer’s suggested retail price as calculated at the rate of the dealer’s authorized warranty rate for labor and parts.
B. Disclosure is not required for any glass, tires or bumper of a new motor vehicle if the damaged item has been replaced with original or comparable equipment.
C. If disclosure is not required under this section, a purchaser may not revoke or rescind a sales contract due solely to the fact that the new motor vehicle was damaged and repaired before completion of the sale.
D. For purposes of this section, "manufacturer’s suggested retail price" means the retail price of the new motor vehicle suggested by the manufacturer, including the retail delivered price suggested by the manufacturer for each accessory or item of optional equipment physically attached to the new motor vehicle at the time of delivery to the new motor vehicle dealer that is not included within the retail price suggested by the manufacturer for the new motor vehicle.